TaxTMI 
TaxTMI 
2021 (9) TMI 651
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....e case & law, CIT (A) after having accepted that due to non production of project wise expenses, revenue recognition W.I.P., bills/ vouchers, copies of agreements, etc, the books of appellant cannot be relied, erred in deleting the addition on grounds that AO has not cited any comparable cases having such high profits. The Ld. CIT (A) failed to appreciate that when assessee's books were already held unreliable, the AO was left with no choice to estimate profit, which in the opinion of AO was fair & reasonable having regards to nature of business turnover & the fact that one of directors had already admitted huge undisclosed income during the course of search. 3. Whether on the facts and in the circumstances of the case & in law, CIT (A) failed to appreciate that action of the assessee by not producing the relevant details/ evidences on one hand and disputing the best judgment assessment by AO on the other hand, was akin to taking advantage of its own wrong, a principal which has been recognized in various judicial forum also. 4. That the order of the Ld. CIT (A) being erroneous deserves to be vacated and the order the A.O may be restored. 5. That the appe....
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.... accepted that due to non production of project wise expenses, revenue recognition W.I.P., bills/ vouchers, copies of agreements, etc, the books of appellant cannot be relied, erred in deleting the addition on grounds that AO has not cited any comparable cases having such high profits. The Ld. CIT (A) failed to appreciate that when assessee's books were already held unreliable, the AO was left with no choice to estimate profit, which in the opinion of AO was fair & reasonable having regards to nature of business turnover & the fact that one of directors had already admitted huge undisclosed income during the course of search. 3. Whether on the facts and in the circumstances of the case & in law, CIT (A) failed to appreciate that action of the assessee by not producing the relevant details/ evidences on one hand and disputing the best judgment assessment by AO on the other hand, was akin to taking advantage of its own wrong, a principal which has been recognized in various judicial forum also. 4. That the order of the Ld. CIT (A) being erroneous deserves to be vacated and the order the A.O may be restored. 5. That the appellant craves leave to add of amend....
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....r: "5. We have heard the rival arguments made by both the sides, perused the orders of the A.O. and the Ld. CIT(A) and the paper book filed on behalf of the assessee. We have also gone through the various decisions cited before us. We find the A.O. in the instant case has communicated to the assessee vide letter Dated 22.03.2016 [Pages 84-89 of the paper book] regarding approval given by Pr.CIT, Central, Kanpur for getting its accounts audited by M/s D.S. Sinha & Co, Kanpur within 90 days from the service of the notice. Subsequently, the A.O. vide letter Dated 29.03.2016 [Page91 of the paper book] communicated to the assessee to get its accounts audited by M/s. D.C. Shukla & Co. of Kanpur as nominated by the PCIT and stated that the earlier name of M/s. D.S. Sinha & Co. was inadvertently mentioned. Although the assessee has filed a writ petition before the Hon'ble Allahabad High Court against the direction of Pr. CIT, Central, Kanpur under section 142(2A) of the I.T. Act, 1961 and had communicated the same to the Auditor with a request to withhold the audit till the decision of the Court, however, it is also brought on record by A.O. himself in para-7 of his order that the....
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....A.Y. 2008- 2009, the grounds raised by the Assessee on this issue are also allowed in its favour. Accordingly, all the appeals of the Assessee for the A.Ys.2010-11 to 2013-2014 are allowed. 8. In the result, ITA.Nos.1767, 1768, 1769 & 1770/ Del./2018 of the Assessee are allowed." (C) The present appeals before us are filed by Revenue against the aforesaid impugned appellate order dated 25.01.2018 of the Ld. CIT(A), for Assessment Years 2011-12, 2012-13 & 2013-14. In the course of appellate proceedings, the learned Authorized Representative ("Ld. AR", for short) of the assessee filed a synopsis, alongwith the aforesaid consolidated order dated 30.07.2021 of Co-ordinate Bench of ITAT, Delhi. The relevant portion of the synopsis is reproduced as under: "2. In this relation, it is submitted that being aggrieved by the aforesaid consolidated order of learned CIT(A) dt. 12.04.2018, assessee also filed appeals being ITA Nos. 1756, 1767, 1768, 1769 and 1770/Del/2018 for assessment years 2008-09, 2010-11, 2011-12, 2012-13 and 2013-14 respectively, wherein the said consolidated order of learned CIT(A) dt. 12.04.2018 has been set aside and all the assessment orders passed....
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.... 3. Accordingly, as the consolidated order of CIT(A) (as impugned by the Revenue in present appeals) had been set aside and the order passed by the Assessing Officer have been quashed. Hence, the present appeal of the revenue deserves to be dismissed." (C.1) At the time of hearing before us, at the outset, the Ld. AR of the assessee submitted that these appeals filed by Revenue are not maintainable in view of the fact that the relevant Assessment Orders, being barred by limitation, have already been quashed, vide aforesaid consolidated order dated 30.07.2021 of Co-ordinate Bench of ITAT, Delhi. He further submitted that the impugned consolidated order of the Ld. CIT(A) have also been set aside, vide aforesaid consolidated order dated 30.07.2021 of Co-ordinate Bench of ITAT, Delhi on the ground that the corresponding Assessment Orders were barred by limitation. Thus, the Ld. AR of the assessee submitted, the present appeals of Revenue deserved to be dismissed. He placed his reliance on the aforesaid synopsis, the relevant portion of the synopsis has already been reproduced earlier in this order in foregoing paragraph (C). The learned Commissioner of Income Tax (Departmental R....